On 26 December 2025, the Government of Vietnam promulgated Decree No. 341/2025/NĐ-CP on administrative sanctions in the field of copyright and related rights (“Decree 341”), which will take effect on 15 February 2026. This Decree replaces Decree No. 131/2013/NĐ-CP (as amended in 2017 and 2021), marking a comprehensive overhaul of the administrative enforcement framework governing copyright and related rights in Vietnam.
Decree 341 comprises four (04) chapters and sixty-five (65) articles, aiming to address practical difficulties and legal shortcomings identified after more than a decade of implementation of the previous regime. At the same time, it ensures consistency and alignment with recent developments in Vietnam’s specialized legislation, most notably the 2025 amended Law on Intellectual Property (“IP Law”). The Decree also reflects Vietnam’s continued efforts to strengthen and modernize its copyright and related rights protection regime, particularly in the context of implementing bilateral, regional, and multilateral commitments on intellectual property protection in the digital environment.
Outlined below are several key highlights of Decree 341.
Regulatory Scope and Sanctionable Subjects
Compared with the previous decree, Decree 341 provides a clearer and significantly expanded scope of regulation. In addition to retaining provisions on infringing acts, forms and levels of administrative sanctions, remedial measures, and the competence of authorities to prepare records and impose sanctions, the new Decree introduces specific provisions governing the enforcement of administrative sanctions and remedial measures. This development demonstrates a clear legislative intent to address weaknesses in the execution and enforcement of sanctioning decisions, while enhancing the overall coherence, enforceability, and practical effectiveness of the administrative enforcement mechanism in the field of copyright and related rights.
With respect to sanctionable subjects, Decree 341 is noteworthy in that administrative sanctions apply not only to entities whose infringing acts occur within the territory of Vietnam, but also extend to infringing acts committed by Vietnamese and foreign organizations and individuals in telecommunications networks and on the Internet, involving consumers, users, or entities exploiting or using digital information content in Vietnam.
This provision accurately reflects the cross-border nature of the exploitation of, and infringement upon, copyright and related rights in the digital environment, and is consistent with the context in which Vietnam is entering an accelerated phase of digital transformation[1], with increasingly widespread access to and use of digital content across society.
Nevertheless, this provision also raises issues that require further clarification during the implementation process, particularly regarding the interpretation of concepts such as “consumers, users, or entities exploiting or using digital information content in Vietnam.” The potentially broad scope of application prompts consideration of whether mere technical accessibility of digital content from Vietnam is sufficient to trigger enforcement, or whether the application should be limited to content that is specifically directed at the Vietnamese market or Vietnamese users, for example through language, targeting, or other objective criteria.
From INVESTIP’s perspective, this approach appears to lean toward the criterion of accessibility and use in Vietnam. However, in the context of rapid technological development and deepening global integration, it is increasingly common for foreign-language websites and platforms to be accessed and exploited by users in Vietnam. Coupled with Vietnam’s status as a member of the Berne Convention – under which works protected in other member states are also protected in Vietnam – this approach may lead to a substantial increase in the number of right holders entitled to seek enforcement actions, as well as a broader range of entities potentially subject to administrative sanctions.
Furthermore, Decree 341 has not yet provided specific definitions of key concepts such as “users” or “consumers” of digital content in Vietnam, which may cause difficulties for enforcement authorities in the initial stage of implementation. Accordingly, there is a reasonable basis to expect that detailed guiding documents will be issued in the near future to ensure consistent and effective application in practice.
Levels and Forms of Administrative Sanctions
The maximum monetary fines prescribed under the regulations remain unchanged, at VND 250 million for individuals and VND 500 million for organizations. However, the new Decree introduces a significant development by clarifying the methodology for determining sanctioning levels, thereby enhancing transparency and practical applicability.
Accordingly, the competent authorities may determine the level of sanctions based on the following criteria: (i) the amount of unlawful profits obtained; (ii) the damage caused to the right holder; and (iii) the value of the infringing goods. Where two or more of these bases can be determined but result in different fine brackets for the same infringing act, the basis corresponding to the lower fine bracket shall be applied to determine both the applicable fine bracket and the sanctioning authority. This approach helps ensure proportionality between the infringing act and the sanction imposed, while limiting the risk of discretionary or inconsistent application.
In addition, Decree 341 clarifies the sanctioning regime applicable to business households, households, and residential communities. Under this regime, such entities are subject to monetary fines applicable to individuals when committing administrative violations. This clarification is consistent with the legal nature of these entities, which lack legal person status, bear unlimited liability with their entire assets, and are inherently associated with individuals.
Beyond monetary fines and remedial measures, Decree 341 also introduces two additional forms of supplementary sanctions. These measures are, in essence, aligned with the sanctioning mechanisms applicable in the field of industrial property under Decree No. 99/2013/NĐ-CP (as amended in 2021 and 2024), reflecting a consistent policy approach in addressing infringements of intellectual property rights more broadly.
Remedial Measures
Decree 341 marks a significant expansion of the system of remedial measures applicable to acts of infringement of copyright and related rights. Specifically, the number of remedial measures has increased from four (04) under the previous regime to twenty-nine (29), with the aim of more comprehensively addressing various forms of infringement arising in both the traditional physical environment and the digital environment.
Several notable remedial measures include the following:
- Mandatory public apology to the infringed organization or individual; and Mandatory restitution of unlawful profits obtained from the infringing acts: Previously, these measures were primarily applied within the framework of civil remedies. The inclusion of these measures in administrative sanctions under Decree 341 reflects a move toward greater transparency, contributes to the restoration of the reputation and prestige of infringed right holders, and removes the economic incentives underlying infringing conduct, while also strengthening deterrence.
- Mandatory distribution or use of infringing objects for non-commercial purposes: This measure ensures consistency and alignment with remedial measures recognized under the IP Law, while providing a flexible mechanism for handling certain categories of infringing goods.
- Remedial measures applicable in telecommunications networks and the Internet, including:
- Mandatory removal or deletion of infringing originals and copies in telecommunications networks, on the Internet, via wired or wireless means, electronic information networks, or any technical means; and mandatory removal or deletion of copies made available to the public, including within interconnected library systems.
- Mandatory warning to service users of intermediary service providers regarding legal responsibilities related to copyright and related rights. This measure is expressly provided for the first time in administrative sanctions, underscoring the role and responsibility of intermediaries in the digital environment, and aligning with recent amendments to the Law on Intellectual Property and digital technology regulations.
- Mandatory temporary removal of, or blocking access to, infringing digital information content; or removal or access blocking in accordance with applicable regulations.
- Mandatory restoration of digital information content in cases where the removal or access blocking is determined to be inappropriate.
Overall, the expansion and detailed articulation of remedial measures under Decree 341 not only enhance the effectiveness of copyright and related rights protection, but also reflect a policy shift from a purely punitive approach toward one that emphasizes remediation and restoration of the lawful interests of right holders – particularly in light of the increasing prevalence and complexity of infringements in the digital environment.
Infringing Acts
In response to the marked increase in both the volume and complexity of infringements of copyright and related rights, Decree 341 expands the regulatory framework governing infringing acts, increasing the number of provisions on violations from thirty-two (32) to forty-three (43). Of these, thirty-five (35) articles address acts of infringement of copyright and related rights, while eight (08) articles regulate other administrative violations related to this field.
Compared with the previous regulatory regime, the sanctions applicable to individual infringing acts have been significantly strengthened across multiple dimensions, including higher fine brackets, expanded supplementary sanctions, and a more comprehensive system of remedial measures. By way of illustration, in relation to infringement of the right to authorize public performance of works, the monetary fine applicable to individuals has been increased from VND 5–15 million to VND 20–50 million, representing a four- to five-fold escalation. More importantly, Decree 341 moves beyond a sanctions framework focused primarily on “cessation of infringing conduct” – such as the removal or deletion of infringing content – by introducing economic remediation measures, most notably the mandatory disgorgement of unlawful profits to the right holder.
Of particular significance, Decree 341 establishes for the first time a detailed sanctioning regime with a tiered allocation of responsibilities applicable to intermediary service providers in the receipt, handling, and enforcement of requests for removal or blocking of access to digital content infringing copyright and related rights. Under this framework, violations by intermediary service providers are no longer confined to failures to remove or block infringing content, but also encompass breaches of obligations relating to user warnings, public disclosure of internal procedures, establishment of contact points, provision of user information for enforcement purposes, and strict compliance with statutory timelines governing content removal and restoration. This approach reflects a shift from a sanctioning model focused primarily on direct infringers to a value-chain-based responsibility framework, in which intermediary service providers play a pivotal role in preventing, limiting, and promptly addressing infringements in the digital environment.
Sanctioning Authority
Under Decree 341, the authority to impose administrative sanctions for violations in the field of copyright and related rights is vested in a wide range of bodies, including: Chairpersons of People’s Committees at all levels; Inspectorates of the Civil Aviation Authority of Vietnam and the Vietnam Maritime and Inland Waterways Administration; heads of state authorities performing specialized state management functions and other authorized positions; the People’s Public Security Forces, Border Guard, and Coast Guard; Customs authorities; and Market Surveillance authorities.
In INVESTIP’s assessment, this allocation of sanctioning authority is well aligned with the recent restructuring of Vietnam’s state administrative apparatus, particularly following the termination of ministerial and sub-national specialized inspectorates. In place of the former inspectorate-based model, Decree 341 vests sanctioning powers in state management officials directly responsible for the cultural sector, including Directors of Departments of Culture, Sports and Tourism, Directors of Departments of Culture and Sports, and heads of inspection teams established by the heads of organizations under the Ministry of Culture, Sports and Tourism or by the Minister of Culture, Sports and Tourism in the exercise of state management functions over copyright and related rights.
These provisions serve to ensure institutional continuity and enforcement effectiveness, while addressing the “jurisdictional gaps” that had arisen in practice following changes to the organization of specialized inspectorates. Moreover, vesting sanctioning authority in agencies and individuals with direct sectoral expertise is expected to enhance the technical quality, consistency, and practical enforceability of administrative sanctions in the field of copyright and related rights.
Enforcement of Administrative Sanctions and Remedial Measures
A notable new feature of Decree 341 is the introduction of clear and transparent mechanisms governing the enforcement of administrative sanctions and remedial measures. These provisions are designed to remedy shortcomings under the previous regime, where sanctioning decisions were frequently implemented with delay or remained unenforced in practice, thereby diminishing the effectiveness of copyright and related rights protection.
Decree 341 articulates specific procedures for the implementation of each remedial measure. For example, where a mandatory apology to the infringed organization or individual is imposed, the infringing party is required to issue a written apology and concurrently submit such document to both the infringed right holder and the authority issuing the sanctioning decision or the decision on the application of remedial measures. This evidentiary-based enforcement design ensures that the apology is substantive and verifiable, rather than merely symbolic.
With respect to the newly introduced remedial measure requiring the return of unlawful profits to the copyright or related rights holder, Decree 341 establishes a relatively robust mechanism for the determination and recovery of such profits. Accordingly, the infringing organization or individual must either return the unlawful profits directly to the right holder or remit them to the state budget, and provide documentary evidence of such compliance to the competent authority. Unlawful profits are calculated over the entire duration of the infringement, based on actual revenue minus legitimate direct costs (where supported by valid documentation), or based on market prices or total revenue obtained where specific determination is not feasible. This approach is designed to comprehensively strip infringing acts of their economic benefits and strengthen enforcement effectiveness.
For remedial measures applicable in telecommunications networks and on the Internet, Decree 341 prescribes short and clearly defined compliance deadlines. Specifically, the removal or deletion of infringing originals and copies must be carried out within twenty-four (24) hours from receipt of the decision, and the results of implementation must be reported within the following twenty-four (24) hours. This reflects a policy orientation toward rapid and timely intervention in addressing digital infringements, thereby enhancing the effectiveness of copyright and related rights protection in the online environment.
Conclusion
In sum, Decree No. 341/2025/NĐ-CP represents a significant step forward in strengthening Vietnam’s administrative sanctioning regime for copyright and related rights. Through the further specification of infringing acts, clarification of sanction-determination methodologies, expansion and diversification of remedial measures, and the establishment of practicable enforcement mechanisms, the Decree materially enhances enforcement effectiveness and strengthens the protection of the lawful rights and interests of right holders. In the broader context of digital transformation and international integration, Decree 341 is expected to contribute to a more transparent, balanced, and robust legal environment for copyright protection, while also underscoring the need for timely issuance of detailed implementing guidance to ensure consistent and effective application in practice.
[1] Source: https://baochinhphu.vn/chuyen-doi-so-viet-nam-buoc-sang-giai-doan-tang-toc-hieu-qua-va-gan-dan-hon-102251021102103518.htm
Thanh Phuong
